In response to letter no. 12-9/56 of June 12, 2019 with the request to carry out a control of
the economic agent concerned, the State Labour Inspectorate sent us the message no. 863 of
July 3, 2019 regarding the decline of competence based on Art. 23 1 of Law no. 186-XVI
of July 10, 2008 on Occupational Health and Safety and the impossibility of carrying
out unannounced controls based on Art. 14 and 19 of Law no. 131-XIX of June 8, 2012
on state control over entrepreneurial activity.
Another public institution - the National Agency for Public Health responded to our letter
no. 06-3/21, of July 22, 2019 regarding the request for the contest by the message (no. 0120/1-3434 of July 31, 2019) about the redirection of the petition to the Agency for
Consumer Protection and Market Surveillance. Subsequently, no response was
received from ACPMS.
Another public institution also redirected our request, without following our approach of
verifying the signals of payment of the real wage in envelope and of economic exploitation
of the children. The State Fiscal Service, in answer no. 26-10/3-06-10742 of August 13,
2019, informed us about the redirection of the request to the State Labour
Inspectorate.
The State Labour Inspectorate informed us about the preparation of the report on
remedying the violations detected for 10 days. This response was not a credible one
because the deviations were not exemplified, but also because by controls that are not
unexpected, the critical situation cannot be objectively established.
Following the state of affairs and the answers received from the competent authorities, the People's
Advocate for Children's Rights analyzed the national legal norms relevant to the case in order to
establish their compliance with international standards:
The Constitution of the Republic of Moldova: Art. 43, par. (2) “All employees shall have
the right to social protection of labour. The measures of protection shall bear upon labour
safety and hygiene, working conditions for women and young people, introduction of a
minimum wage per economy, weekly rest and annual paid leave, as well as difficult
working conditions and other specific situations.”;
The Labour Code: Chap. III "Work of persons aged up to 18 years", Art. 253-257;
The Law no. 140 of May 10, 2001 on State Labour Inspectorate - Art. 4, par. (1), letters a),
c) and f) par. (2), letter b), Art. 8 par. (1), letter a) "In the exercise of his function, the labour
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